>> no radio. no tv. just two things one annual less says this year's college freshmen are doing without. today's freshmen have never seen an aplane ticket. if you say "twilight zone" they think vampires. this is the list for professors what cultural references they expect students to know. something to think about. jon: i have one of those students. i do. thank you for joining us. >> america live starts right now. megyn: fox news alert. financial fireworks in the race for the white house as new campaign reports reveal a moment many would have thought impossible during the last presidential election. welcome to "america live", everyone, i'm megyn kelly. as president obama looks to win over voters in an event in the key swing state of ohio today, we've gotten word that his campaign is burning through some serious cash. in fact his team spending more last month than it brought in. and that is not all. the same candidate that

broke fund-raising records back in 2008, now finds himself trailing governor mitt romney when it comes to cash on hand and by a pretty wide margin. according to the latest reports, the president and his allies have close to $124 million on hand. governor romney's seem has just under 186 million. so what does this mean heading into the homestretch? chris stirewalt, is our fox news digital politics editor and host of power play on fox news dot-com. putting aside the point i'm sure many of the president's detractors will make, that the country too is spending more than it is taking in at this moment, that is an amazing thing for a president whom raising cash seemed to be easy, at least back in 2008. >> yeah. i mean, megyn, if you think about it if you go back to when president obama, then senator obama, dropped out of the public financing program that every president since these post-watergate

reforms put in 1974, every candidate of every major party engaged in, he said he was not going to do it because he had incredible engine for the fund-raising on internet. he was getting small dollar donations. he dropped out. left john mccain behind and obliterated mccain on spending, broke every record. once he was not constrained by these limitations he went out there and blitzed mccain and democrat had every expectation the president would be doing it again this time but it has not worked out that way. mitt romney has been much more successful raising money not only he doesn't feel obligated to be bound by the same rules, obama having broken out of the system in 2008, not only is he raising this big money from folks like he is doing today down in texas, but also the enthusiasm among republican voters are driving small dollar donations through the web to romney just as they did for obama before. so now romney is beating obama at his own game. megyn: you write in your "power play" piece today, president obama might be the

victim of his own trick. is this, is this surprising to you? i mean the that president obama, he's leading mitt romney in the polls although it is getting tighter around tighter and romney seems to be surging especially in a lot of critical swing states where he is trailing thus far but not so much right now, is it surprising to you? >> oh gosh, if you would have said year ago or six months ago what would this look like you would have said the president would have outraising mitt romney and so much time in advance while the republicans were still bashing each other's heads in their primaries the president would have a huge cash on handed a advantage. two things are different. one, the president has spent so gosh darn much mop any. he has aggressive, negative strategy he tried to undo mitt romney with personal attacks and character attacks four or five months. he spent $40 million last month trying to blow up mitt romney's reputation. very expensive approach. so that burned through a lot of this money. megyn: by the way you point out in the power play piece,

almost $30 million more than governor romney spent. he is spending a lot of cash and spending way more than mitt romney yet the numbers on the board don't reflect that or don't seem to. >> he has not owe lated romney's character in the minds of voters yet. that may happen. the president will have to keep spending and keep going negative if he can do that. other thing that happened the president was not able to turn on the fund-raising spigot. you expect a president more successful raising money second time around. they have a power of incumbency and more time to raise money and people want to be around the president and write the big checks. the president didn't get that the way he thought he would. he will struggle just to meet the number, huge as it is he had in 2008. megyn: you say this imbalance in the cash on hand between the president and the governor is happening just at the wrong moment as far as the president and his re-election chances are concerned. why? >> well, here's the thing. there are two categories and

two kitties of money. one you raise for the general election. one for the primary. the president has been raising and spending fry marimon any while mitt romney was spending dealing with his republican counterparts. mitt romney is dealing on every larger bucket of money that is bigger and bigger and bigger. mitt romney hopes to unleash hell on obama for the text 10 weeks and fill the airwaves. this happens at the point where we get to the pivot in the race. a week from now the race will look different. certainly three weeks from now the race will look very different. if mitt romney goes into that with more money and ability to get his message out louder and clearer that is not good news for folks in chicago. megyn: is that a "gladiator" reference? >> probably a west virginaism. but a lot of similarities. megyn: chris knows my husband doug and doug loves that move very. i've been subjected to that movie, many, many times. what is it with guys and

that movie and "lord of the rings"? >> very awesome. megyn: thanks, chris. >> you bet. megyn: we'll hear from the man who will deliver one of the most highly anticipated speeches at the republican national convention. new jersey governor chris christie says he is excited but also nervous about delivering the keynote address. he won't reveal much what he plans to say but he did say he is already on his 7th draft of the address. as for why he was chosen? governor christie believes because it was his record in new jersey. >> i think the reason i was picked, well you have to ask governor romney for sure because he didn't say i'm asking you to do this and here's why. he said will you do this? and i said yes. i think the reason i was pick picked because of job i'm doing here. i don't think, if you're not doing a good job i don't think they want to put you in front of a national tv audience that will lay out the vision for the republican party the next four years. i hope it is the things i have done for here and what that could mean for the rest

of the country. megyn: remember, fox news is are america's election headquarters. complete coverage of the republican national convention begins this sunday. starting on monday, "america live" will also be live from the rnc in tampa. whoa, do we have a lineup of guests for you. our coverage begins on sight, tampa, florida, 1:00 p.m. eastern time on monday. hope you join us. fox news alert. moments ago five former missouri senators joined the growing chorus of voices calling for congressman todd akin to withdraw as the republican candidate for senate in missouri. this is an important race and could literally change the balance of power in the senate potentially. this republican congressman who is running for the senate seat is facing major backlashes especially from his own party after suggesting in an interview that women's bodies can somehow prevent pregnancies in cases of quote, legitimate rape. he later came out and said he misspoke and so on and so forth but his seat, this

seat that he is running for, is critical for the republican party. 33 senate seats are up for grabs this november. 20 one are held by democrat. two of them are held by independents who caucus with the democrats. 10 of the seats up for grabs are up by the gop. the democrats have more to lose here than the republicans do. this is a seat which claire mccaskill, the democrat, is very, very vulnerable. so republicans are worried now about potentially losing the seat because of this guy's controversial comments. coming up in the next hour we'll hear from a leading republican who will tell us what kind of impact congressman akin's comments could have on his party and why democrats immediately tried to tie this incident to the rollrom campaign. -- romney-ryan campaign. new developments this hour in the death of acclaimed hollywood director tony scott. his family denying a report from another news agency that he was suffering from inoperable brain cancer when

he allegedly killed himself. this comes after the 68-year-old whose movies included top gun, said to jump from a bridge on sunday what police are investigating at least as a suicide. trace gallagher with more in l.a. trace? >> reporter: remember, tony scott just finished up a movie and there were no reports of any financial problems, no report of any health problems and now the l.a. coroner office is addressing the report you're talking about of him having inoperable brain cancer. >> according to the family he did not, to their knowledge he did not have any issues with any canners. they don't know where that came from. there were no mentions of any cancer, brain tumors or anything like that. >> that they know of? >> that they know of, yes. >> reporter: final toxicology reports could take several weeks but we're learning more about when he actually got up onto that bridge. a witness says that he appeared nervous saying, i'm quoting here, he was on the roadway, close to the fence

looking around. he was looking around and fumbling with something at his feet. he looked nervous. he pause ad couple of seconds and began to climb the fence. he put his foot on top of the fence and paused again and then he threw himself off. i immediately thought, that guy is dead. the fall by the way from the vincent thomas bridge to the water is 185 feet. scott left a note inside his car directing police to contact his wife. he left a suicide note at his office. and he left other notes for friends and family directing them on what to do. it took the l.a. county dive team about three to four hours to pull his body out of the water on that day, megyn. megyn: wow! trace, thank you. >> reporter: okay. megyn: new polls show an attempt to win over critical blue-collar voters may be taking hold. voters like these coal miners who lined up to hear governor romney in ohio last week. they are start to show new support for the gop. we'll look how the romney

team may be scoring points with these voters right after this break. plus a facebook post lands a former marine in lockup for psychiatric observation. some groups who advocate liberty are arguing that this guy was simply exercising free speech. but the feds say he sounded like a threat to the public. we will report. you will decide coming up. and how much does the truth really matter in this election? the fact checkers are accusing both the obama and romney teams of being less than completely honest with us, the american public. we've got a must-see look at truth, fiction and the 2012 campaign coming up. >> i certainly think it is interesting that she said he may have committed a felony. then you have the president saying nobody called him a felon. obviously that is problematic. however the bottom line a lot of these questions could be answered if mitt romney would be transparent by releasing his tax returns. >> now you're giving me talking points. that is not what we're

doing. this isn't about whether truth matters. ó@x á á@á@á@3@

megyn: fox news alert on a sweng state showdown. president obama now at a campaign event in columbus, ohio. that is a critical, critical swung state in this election. with a small pool of undecided middle class voters, very small. if you want to watch his remarks they are streaming live right now on foxnews.com. meantime vice-presidential candidate paul ryan was campaigning a bit earlier in neighboring battleground state of pennsylvania which is getting more competitive where he is reminding voters of the president's you didn't build that comment. listen. >> for tony and tony, father and son, we're here in your business. you have 50 employees in your business. you created jobs. you worked hard. you sacrificed. you rolled up your sleeves.

you took risks. you had good days, you had bad days. tony, you built this business. the government didn't build it for you. it is your business. your achievement. [cheers and applause] and we all benefit from that. megyn: look at these pictures. when governor romney was in ohio last week, look at these. pretty interesting. hundreds of coal mining union members, coal mining union members i say, lining up to hear governor romney as brand new polls show the romney's campaign event to win over blue-collar voters in both of these states, pennsylvania and ohio might be paying dividends. joining me, pollster scott rasmussen. head of the independent polling firm, as rasmussen ate reports. and stuart varney, host of varney and co in the morning.

interesting to see blue-collar union guys in ohio lining up to see the republican candidate. let me start with you on that, stu. conventional wisdom is, those guys are supposed to be democratic voters. >> but entirely understandable, isn't it? large numbers of people turned out to see mitt romney because he wants energy independence for america. he wants to drill for more oil. in particular, speaking in southeastern ohio, coal country he wants to mine more coal. that resonates anywhere when you've got $4 gas for many people and middle eastern oil is near $100 a barrel. if you're a coal miner, making steel, if you're in those basic american industries which need cheap american energy, mitt romney's message of energy independence really raise mates. -- resonates. building of windmills does not. megyn: he accused president obama waging a war on coal. he lights all sources of

energy that come from above the ground. i'm for all the oil, coal, gas. the obama camp denies that. scott, what do the numbers show in terms of how these two men are doing? let's start in the state of ohio. overall and with this voting group, if you can tell us. >> well, overall, it is 45-45 ohio. very close at the moment. we're also showing governor romney within four points in pennsylvania. governor romney ahead another midwestern state by single point in wisconsin. all because these white, working class democratic voters are in play. megyn, it is important to recognize these are private sector union members. they're much more receptive to a republican argument than public sector union workers. and what we're seeing is this swing group, they used to be called reagan democrats, are the key to the election. megyn: so it is 45-45 in ohio overall according to your polling? >> right. megyn: in pennsylvania it is 44 for president obama.

38 for governor romney. what you have got a six-point difference there? is that the latest? >> we have one, 48-44 president obama in the lead. that is okay. still a very close race in pennsylvania. megyn: how did we get a 4 point difference in pennsylvania? couple months ago, pennsylvania is gone. president obama will win pennsylvania. now it is tightening. >> all the states added to the swing state list were thought to be safe for obama. now are going the other way. michigan i think is vet comfortable for the obama campaign. they had a little bit of a scare there. the numbers aren't as big. wisconsin has shifted. pennsylvania shifted. all because of the same group of workers. these are people who don't really trust or like republican be as or democrats. they want somebody to deliver on the economy. that is what working class voters are hoping to see. some type of economic turn around. energy is part of it. health care issue is part of it.

a lot of things make up the issue. it comes down to the fact that they want an economy growing again. megyn: one of the questions why now? why are they making the leap over to the republican ticket now, stu? some in the press have speculated that in part it may be due to paul ryan who has been touting his working class roots. >> paul ryan has certainly been a very effective campaigner. he like mitt romney has gone straight to the heart of old industrial america, where they do rely on cheap american energy. he has been in pennsylvania recently. please remember, in pennsylvania, drilling for natural gas, so-called, fracking, is a $4 billion a year industry in that one state. president obama has put the reins on this fracking, going after natural gas. i think that is probably hurting him in the polls because this drilling in pennsylvania, 4 billion a year, thousands of high-paid, private sector jobs. that is naturally going towards the romney-ryan

campaign. megyn: but why the swing now, scott? most of that stuff we knew. the only thing that has's happened over the past month or so, most significant thing i guess is paul ryan. is he, he is the guy gotten out there on the campaign trail, talking about how my buddies worked in this plant and my high school friends worked at that gm plant. mitt romney with the silver spoon, is the guy making the ticket more relatable to the blue-collar workers? >> there may be a little bit of an impact on that but overall we haven't seen paul ryan move the numbers a lot yet. we'll see how that place out the next couple months. part of the reason it is happening now we're getting closer to the election. people are starting to have to make a decision. also the president's comments, the president has been very clear that he does prefer a more government-centric view of the way the economy works. that doesn't play very well with these workers. governor romney leads this election by 20 points among

entrepreneurs. president obama leads by 17 among government workers. these blue-collar workers are much more likely to line up with the entrepreneurs than anything else. megyn: got to run. thank you. >> thank you. megyn: coming up three years after nidal hasan has been delayed whether or not he should be forced shave his beard. is this justice? when you have diabetes... your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes.

megyn: fox news alert. moments ago, congressman todd akin, republican told our own governor mike huckabee of fox news he will stay in the senate race against claire mccaskill. he is receiving major backlash after suggesting in a interview that women's bodies can prevent pregnancy in cases of legitimate rape. he went on governor

huckabee's radio show after pressure from conservatives across the country to get out of the race. republicans are worried if he stays in he will cost them a seat he could have. he reaffirmed moments ago he is staying in the race. coming up next hour we'll let you hear the interview and plus a fair and balanced debate how democrats tried to tie this incident, this man's comments which have since been disavowed by the romney-ryan campaign, to the romney-ryan campaign. the attempt is to tie the comments to them. fair? we'll discuss it. huge outpouring of support for a former marine locked in a psych ward for pose posting anti-government messages on facebook. people say they are posting on the his first amendment rights but they say he sounded like a serious threat. trace gallagher live from l.a.. >> reporter: brendan raub served in afghanistan,

megyn. he loves his country but he is clearly anti-government. he thinks the government is behind 9/11. here is couple things posted on facebook page. friends, you deserve to know the truth. there has been an overwhelming amount of evil enacted and planned against you, your children and your countrymen. it is great in scope. your government, evil. it is as simple as that. in a different post he says, quoting, sharpen up my axe, i'm here to sever heads. authorities said they didn't spy on his face book's page. they got several e-mails about perceived threats. fbi, and police went to his house to question him. without a warrant or reading miranda rights he was taken into custody. virginia state law allow police to commit someone to mental hospital for a emergency psychological evaluation if they get a recommendation from a mental health doctor. cops say he has not been arrested. he has not been charged. the only reason he was cuffed as you see here in the cell phone video because

he resisted. his attorney from a virginia civil rights group, says, look, when you're handcuffed and taken away, that is an arrest. he goes on to say, for government officials to not only arrest brandon raub for doing nothing more than exercising his first amendment rights but to actually force him to undergo psychological evaluations and detain him against his will goes against every constitutional principle this country was founded upon. the fbi counters that by saying quoting, given the circumstances with the things that have gone on in the country, with some of these mass shootings, it would be horrible for law enforcement not to pay attention to complaints and now, brandon raub has been ordered by a judge to be in psych evaluation for 30 more days, and as you can see, the protests are building. his face book page in support is growing. because of this case, which is, getting bigger and bigger, megyn. megyn: wow, trace, thank you. >> reporter: okay. megyn: well the president's

billed billed becoming a big part of the part of the republican national convention. the tag line appearing on signs and t-shirts of business owners angry with the president. not to mention the backdrop of some campaign events as you can see here. will this message really resonate with voters? we'll talk about the prominent roll it will play at next week's big convention. growing concerns almost three years after an army major said to opened fire at fort hood killing 13 people, the trial for nidal hasan has yet to begin. yet another delay as they argue whether he should be forcibly shaved prior to this trial. we'll speak with with the soldier who was shot six times that day and ask him whether he thinks justice is being served. >> juanita michaels, michael, john, francesca, jason, aimee, erin, russell, justin,

michael, cam, and frederick.

>> if you were successful somebody along the line gave you some help. there is a great teacher somewhere in your life. somebody helped to create this

unbelievable american system that we have that allows you to thrive. someone invested in roads and business. if you have got a business, you didn't build that, somebody else made that happen. megyn: that was july 13. over a month ago the president making comments that really angered a lot of business owners and beyond. folks who don't even own businesses who believe that the president was wrong on that point. it became a gop talking point on how the president is out of touch on the economy and really american values in terms of entrepreneurship. now the republican party is looking to build on that outrage, dedicating an entire night of the republican national convention to the theme, we built it. is that a winning message? joining me now, leslie marshall, a syndicated talk show host and michael graham a radio host and

a columnist. the rnc will make this the theme of an entire night and a week later the dnc will put up elizabeth warren whose comments -- i don't know if the president cribs from her. she was the one who gave a full-throated defense of that. you didn't build that you have your government to thank for your successful business at least in large part. both sides sticking with their message. put it in perspective. >> when the president made his comments living in massachusetts i enjoyed them more than the original cherokee. but this is a brilliant move for the republican party. the republican coalition is three groups. financial, business interest groups, evangelical or the religious leg of the stool and the tea party and small government individual responsibility leg. and the "you didn't build that" has two parts. for the financial guy it reminds you are the ones overwhelmingly

paying the taxes and you did build those roads. and individual liberty and tea party people, it puts the burden right on individuals which is a message that resonates. the message paul ryan amplifies which is why you are seeing mitt romney's numbers rise as we solidifies his republican support. >> we talk about truth, you were talking about that earlier. it is true that the federal government build our schools, builds our highways. and it is true that the federal governmental case and has in the past for decades, allocated funds to do that. but the president is speaking to this on the right, sorry, michael, all your buddies talking about socialism and anti-big government -- he's pointing out the good and the merit of the federal government that work along with that small business. this is something you know you guys took and ran with. it's a great slogan for a night at gop convention.

but you are freechght choir. it won't get you votes and undecided voters to your side. megyn: the latest polls show that governor romney has a 20% lead among entrepreneurs and self-employed americans. and 72% of all voters believe the people who start their small businesses are primarily responsible for their success or failure. 77% believe small business owners do work harder than others which is something the president also questioned in that speech. >> the huge surge of people who are on food stamps exploded under president obama. then you have the people who pay the bills, that's the other team. the team mitt romney is reaching out to. if we are going to give credit to the government for the road built outside that businessman's house. the guys who paid for it are the top 1%.

number two, there were 39 other kids in that class with bill gates. they haven't started any great businesses. is the government going to take responsibility for the stoner sitting in his basement watching reruns of "gilligan's island"? megyn: maybe he's watching "america live." not to get all oprah on you. but in "oprah's" final show, in all of her years as a talk show host she walked away with a few critical lessons. one she shared with people is what people want on this earth is to believe that they matter. that what they have to say and what they have to contribute matters. and is relevant and counts. and part of the reason this may be effective by the gop and cause such a firestorm after president obama says it is to the extent people take it as the president saying you don't matter that much. the collective matters more.

it's government that really is to thank, not so much you. if that's the message, fair or unfair in terms of what he actually said, is it damaging to the president? >> it can be damaging to the president i believe if we had a huge slew of people undecided. and we don't. it's a small group of people and they will determine the election. the economy the way it is, if i were mitt romney i would expect to be 12-17 percentage points ahead of the president in such bad economic times. but when you talk about "oprah," you know, it's essential. it's essential. i'm a business owner. it's essential. as a mom you let your kids know they matter, you let your employees know they matter. i don't think the president was saying small business people don't matter. the message i was hearing is the federal government also matters. you can't just chuck it.

but with regard to the message, yes, it's effective if you make people feel that way, but hope and change was very effective four years ago as well. megyn: before we go. let's play the sudden bite. this is the one i think we'll hear more about next week. listen. >> if you have been successful, you didn't get there on your own. you didn't get there on your own. i'm always struck by people who think, well, it must be base was just so smart. there are a lot of smart people out there. it must be because i worked harder than everybody else. let me tell you something. there are a whole bunch of hard-working people out there. megyn: that's the part i'm talking about. >> every time i see that, i'm so stunned. there are a lot of smart people out there yet necessity don't achieve success and create jobs for thousands of other people. it takes amazing individuals who create so much good and you give

so many families economic opportunities with virtually no direct help from the government. we should be celebrating them, not making them feel bad saying you owe us, pal. no, we owe them. megyn: thank you, friends. good to see you both. coming up. there are new signs that israel could be laying the foundation for an attack on iran. we'll take a close look at that as the deputy speaker of israel's parliament joins us. stand by. simple call, why wouldn't you make that call? see, the only thing i can think of is that you can't get any... bars. ah, that's better. it's a beautiful view. i wonder if i can see mt. rushmore from here. geico. fifteen minutes could save you fifteen percent or more on car insurance. one is for a clean, wedomestic energy future

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>> juanita, michael, john, jason and amy, aaron, russell, justin, michael, cam and frederick. megyn: a somber reading of 13 names. one for each of the victims gunned down in the fort hood shooting. today there is growing anger and

frustration by a decision by the judge in the case to hold up proceedings on whether the accused gunman nadal hassan should be forced to shave his beard. his trial was supposed to begin this week, almost three years after he opened fire according to authorities at the fort hood army base and killed 13 people, wounding 30 others. one of the wound was staff sergeant sean manning who was shot times by this man. he joins us live by phone with his reaction to the delay. thank you so much for being here. these are pictures of you. now we learn that because you are not allowed to have a beard in these military trials, that's a violation of averagey regulation -- a violation of army regulations. he's taking it up to the appellate court saying this an expression of his faith and we

need to be respectful of him. your thougs. >> i definitely disagree it's been an emotional rollercoaster to this point. and i think all of us would like to get through the trial and move won this chapter in our lives. i don't think -- he definitely isn't someone who deserves an exception. megyn: his defense attorneys said he does not wish to die without a beard. he believes not having a beard is a season. nonetheless, he did not have a beard when he allegedly opened fire in the fort hood facility, shooting dozens of people, including yourself. do you have a doubt about his professed religious beliefs for maintaining his beard? >> i think it's just another tactic by his defense team to delay the trial which obviously he doesn't have a defense. there are so many witnesses and so much evidence against him. this is all they have got and it

just puts the families and the victims through more of a hardship which i definitely disagree with. megyn: you take an oath to defend this country against enemies foreign and domestic. you never really think you would have to do it against domestic, but that's the situation in which you found yourself when this guy was 10-15 feet away from you. take us back to that moment. >> he walked into the srt building and yelled allahu akbar. a lot of us thought it was a drill. we saw the blood and i got hit in the chest almost immediately after he started firing. i went down to ought ground. and that's when he targeted me and several of the others and shot me another five times. i was able to crawl to the edge of the cubicals, and and i

played dead for a while. and heard somebody yell "run." i was able to get up and get out of the building before he obviously finished me off. megyn: the administration has referred to this as a case of workplace violence and does not use the term "domestic terrorism" to refer to this shooting. your thoughts on that? >> it's disgusting. it denies the soldiers of being considered being wounded in combat. this was a terrorist attack and should be considered a terrorist attack. i have been fighting the army to deem this a terrorist attack for the last six months and i have gotten nowhere. soldiers need to be recognized for what happened and their sacrifices. megyn: why do you think there has been a failure to do senate. >> my guess would be politics.

they have a problem labeling other instances domestic terrorism. they pick and choose what they want to call tear rim and what they, -- what they call terrorism and what they don't. there is a concern the fact that a state labeling it terrorism will cause them problems, that's the way it appears to me. megyn: as we were supposed to head into trial and see justice, we get this word that the trial is yet again delayed. they are fighting over his beard. in this country when you raise and objection like that for religious reasons whether they are valid or not it plays out in the court system. your thought on the point at which we now are in this trial where we are arguing over whether his beard needs to stay or go before his murder charges can be adjudicated. >> obviously they have to have him in court. i think they should just shave it off and get him into the

courtroom so we can get it over with. i think he doesn't have any -- there is no exception to him versus any other soldier. it's sad to say that he's still a soldier. but he still is in the army and still being paid by the army. so i don't think we should make an exception for him. megyn: sergeant manning, you have been through a lot. we appreciate you being here and we appreciate your service, sir. we are taking your thoughts on that story. follow me on twitter and let me know what you think. the judge said you are in the army, you have got to shave your beard. now his defense lawyers have made this a huge issue take it up to the appeals court. and the victims sit and wait. coming up, the republican national convention will likely have to deal with protesters. but there is a new worry that's much bigger than that. janice dean with a warning about

a possible hurricane next. in "kelly's court" new evidence raising more questions over what police are claiming was a young man's suicide in the back of a squad car when his handcuffs were on.

megyn: more for you on a developing story we are following. there are just three hours until a key deadline in a missouri senate rate. there is a call for todd kay ken to drop out of this race after suggesting in an interview that

women's bodies can prevent pregnancy in cases quote of legitimate rape. he went on huckabee's radio show and despite pressure he is staying in. we'll let you hear that interview and we'll have a fair and balanced debate how some in the democratic party have tried to tie this incident to the romney campaign. a tropical storm or perhaps even a hurricane could disrupt the republican convention. it's expected to strengthen on a path that may lead right to tampa. is that true? >> reporter: do you have some good rubber boots? anything can happen in five days. but yesterday we saw one of the reliable computer models making its way across cuba and hugging the west coast of florida, then boom right into tampa. we don't want that to happen.

we have a lot of folks headed to tampa. i have got a lot of phone calls from tampa saying when should i catch my flight. it is a depression but we are expecting the storm to become a tropical storm. its name will be isaac. 35 miles per hour sustained winds. the hurricane hunters are currently investigating this system so we'll have more information to input into the computer models that make up or cone of uncertainty. becoming tropical storm isaac, becoming a hurricane by thursday then getting very, very close up towards cuba. the cone gets even wider, megyn. so more opportunity. but look at these computer models. one thing for certain, it comes very close to the u.s. megyn: i have got money "when should i catch my flight" with shepard.

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megyn: fox news alert to battleground ohio. the president campaigning there for the 9th time this year. brand-new hour of "america live." i'm megyn kelly. the president focusing his remarks on education, in an attempt to fire up the young voters in this critical swing state. ed henry is traveling with the president. he joins us from columbus. yesterday politico came out with his report. based on its e-book talking about how the president is worried about the loss of enthusiasm among his base, in particular in the swing states

and said that is in part why he focuses so much on college campuses and the youth vote. today we see him in the swing state of ohio talking about this issue. >> reporter: this is an issue that could fire up college students, the president talking about student loans. how he's the man he believes is standing up for the middle class and standing up for young people. he's urging them to get out and vote. an was hitting both paul ryan and mitt romney hard by going after the ticket in general on cuts to education funding that he suggested would come about if the republican ticket gets elected. but also going after mitt romney for comments he made earlier in this battlegrounds of ohio where he suggested if people have trouble paying for college they should just ask their parents for some money. >> what governor romney is not an answer. there is nothing a parent wants more than to give opportunities to their kids that they never

had. and, you know, it's pretty painful for a lot of parents if they can't do that. >> reporter: paul ryan was in pennsylvania not too far away from ohio, and he was pushing back and charging the president is falling back in his words on deceitful rhetoric because he doesn't have a regard to run on. he suggested if the president is reelected young people won't have much of a future because of crushing death. take a listen. >> four years of trillion dollar deficits and the senate not passing a budget for three years running [booing] we cannot continue to go down this path >> it was 3,300 people before. a good crowd, but not what the president had, the kind of crowds he had in 2008, megyn.

megyn: a new poll suggesting the president might want to spend some time in his home state of illinois which he might be in danger of losing. according to a pollster the president is ahead in economy. but in other areas governor romney is leading the president. in rural counties he's not polling very well. new video from iran as that country again rattles its sword in a nuclear standoff with israel and the united states. tehran unveiling a slew of new weapons upgrades including a short-range ballistic missile that tehran claims is much more ract. this is one of israel's top lawmakers. says an attack on iran's nuclear sites is now more a question of when than if. late yesterday i had a unique

chance to speak with danny denone about the threats. he's number two man in the israeli legislature. megyn: i want to ask you, you believe this attack will happen and it will happen before the american presidential election. why do you believe that? >> good afternoon, megyn. i cannot give you the exact details. but i can tell you the window of opportunity is closing down on us on israel and the americans as well. we have to be repaired and have to take whatever is necessary to get -- we have disputes with the white house because we have seen too many talks, too many declarations, but what is happening today in iran is a threat and we not' a matter of weeks or months until the day that it will be the point of no return. it will be too late for us and

too late for the americans as well. megyn: what will be the tipping point? we know you believe iran has had a nuclear program for some sometime. america has been urging israel to wait to give diplomacy a chance. israel says they don't believe it's working. what would be the tipping point that would spark an attack imminently. >> we are waiting too much. we heard about sanctions, but we are talking -- every september he's accelerating the bomb. so we know it's a matter of time before we reach the point of no return. when they get to the point where they reach -- i cannot tell you the exact date. nobody knows if it is a week's time or moms time. but we are not talking about years. we are very concerned. we think it's time for western

society to wake up. it's not a threat only for israel. look what happened on 9/11 with al qaeda. we plead to see some real action coming from washington unfortunately i don't see it coming. megyn: walk us through what you think would happen if israel does decide to proceed unilaterally with an attack. how would that manifest in iran. >> we advocate the ability to defend ourselves. in 1981 we proved it in the six day war. but what we are worried about is after. we expect a lot of missiles landing here in tel aviv and jerusalem coming not just from iran. but coming from lebanon and the gaza strip. there it not be pleasant to be in israel during the weeks after the israeli attack. that's why we want some see a global war against iran. it shouldn't be the jews against

iran. it should be society against a madman who says fill wipe out israel. after israel i want to wipe out the usa. maybe it's not in your backyard today but it will be in your backyard in a few years. megyn: that speaks in part to what is likely to happen in israel once iran retaliates. i know you have interesting thoughts on what would happen in iran, speak of how there would be total darkness. iran will fall into total darkness when israel mitts those nuclear facilities. tell us more. >> we have the technology advantage over iran and all of our neighboring countries. we do not live in a pleasant neighborhood. but we have the technology and we have the capability of. and i think we want to avoid it. but it's not helping the talks with iran. if that day would come our air force would have to engage with

the iranians and i can assure you you will see their capabilities. unfortunately we see that the window is shutting down and like in the past we can rely only on ourselves and that's why we have to rely on our armed forces. megyn: do you foresee ballistic strikes on iranian leaders being targeted? >> i don't know. but maybe something would happen after the people of iran understand this leadership is leading them to chaos. is leading them to a place where they cannot communicate, they cannot commute. maybe they will understand it's time to do what's happening in syria and you will see the iranian people take action it's a possibility. but in the middle east nobody can guarantee the outcome of any action. megyn: mr. deputy speaker thank you so much for being here with us.

we appreciate it. new developments moments ago by controversial comments by missouri congressman todd aiken as he took questions on his future. in three minutes we'll play you his latest remarks. is he going to drop out of this race? some top republicans and conservatives have been saying he should and top democrats have been trying to tie this man and his views on rape to the romney-ryan ticket. is that fair? we'll have a fair and balanced debate. new questions about honesty and the 2012 presidential campaign. our focus group is back with a debate that could reshape the outcome of this race. do you man up and say, what we said was that he's either a felon or a liar. and i will tell you american people i think it's b. i think he was dishonest with you. whatever. but you stand behind the position that your deputy

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megyn: moment ago republican congressman todd aiken refusing again to drop out of the missouri senate race. calls for him to step out of this race are growing after remarkers made this weekend that women's bodies could somehow prevent pregnancy if it's a case of legitimate rape. he went on governor huckabee's radio show in the last hour and said this. >> i want to make one thing absolutely clear. we are going to continue with this race for the u.s. senate. we have given it a lot of thought. the first thing we thought we had to do was -- we had offended some people and we tried to respond to that and let people know we didn't mean anybody or to take in rape anything less than very, very seriously.

megyn: we have had sean hannity, ann coulter, mark levin, all said he needs to step out of this race. he says it's not going to happen. meanwhile democrats are seizing the opportunity to tie the republican presidential ticket to this man despite the fact that the romney campaign strongly condemns the remarks and say they strongly disagree with aiken. and would not oppose abortion in cases of rape. let me just start with the news that he just made, ed. he says -- that list i just read, those are heavy hitters in the republican party, they are conservatives. >> he cannot possibly win this race. he can never get away from discussing this. there will be no money or

resources. not only will he lose but he could cost romney that state. megyn: why isn't he getting out? >> there is somebody sitting around telling him he doesn't have to. he will get through this. he will not get through this. this is a case, in texas there was a case of a woman who made inappropriate remark about rape and lost in texas after spending millions of dollars. megyn: let's put aside the faulty premise that if it's a forcible rape we somehow have the ability to prevent a pregnancy. okay? let's put that to the side. but the democrats have seeds on this opportunity to say you don't like aiken, you will get a lot more of him with romney ryan go into the white house. is that fair? >> it is fair. the republican party just adopted a platform with no section for sea borings.

that is out of the mainstream. many pro lifers believe there should be an exception for rape and insist. -- rape and incest. he has paul ryan who uses the term "forcible rape." as a woman that is incredibly offensive to me megyn: to draw a line between rape and forcible rape and say your rights change -- >> i can think many ways where you can get raped without somebody holding a gun to your head. secondly this is a problem for mitt romney. he has paul ryan on the ticket. he's so extreme on this issue that paul ryan and todd aiken supported a bill to ban ivf. again there are plenty of women who are pro life who cannot get

pregnant on their own who got pregnant because of ivf. and that would not be legal under paul ryan. megyn: saying aiken, romney, ryan is the same person. >> it's not the same person. each has different views. paul ryan is a devout catholic. he follows the beliefs of the catholic church. our party has always had an abortion exception for rape, incest and life of the mother. i'm appalled that they are trying to change that at this point in time. this is the platform committee. megyn: i want to clarify. so that's not yet the official platform of the republican party. it's been suggested by committee and has to be approved. but what i was told was that this has been part of the republican platform for 20 years. they are against abortion and that john mccain last time around wanted to be more clear

about the fact that the platform said except in cases of rape or incest. >> it started with reagan, the first time it was an issue. and reagan as you always about the exception for rape. and rape not defined by forcible. rape is rape. basically at the end of the day, rape, incest, life of the mother is the exception our candidates have advocated. megyn: but not today. you just made a distinction between romney and ryan. governor romney says he does favor exceptions for the case of rape and in response to aiken he said that. >> here is the problem for mitt romney. reince priebus said there is no exclusion for rape and incest. so his own party is adopting a platform that says there is no exclusion for rape or incest.

megyn: the democrats are doing the same thing. >> barack obama supports gay marriage. the democratic party adopts a platform to say we support gay marriage? megyn: he said it's state's rights. >> that the problem. megyn: that's news you may have that we don't have. edge guarantee you -- megyn: what does it mean if the party has a position that differs. >> the platform is something that can be totally relevant it many the wilt of a committee that basically -- there is no such thing as a national party that sets the rules and guidelines. this what is we believe, the proclamation they put out there. the candidate themselves. is there not a singing candidate that can't run on things they believe in. megyn: last time around sarah

palin didn't like exceptions in the case of rape or incest and her candidate john mccain was more liberal on that issue than she was. panel, good debate. thank you both. the fact checkers have accused the obama and romney campaigns of stretching the truth. but does the truth matter in the 2012 campaign or do it only matter which attacks are working? a focus group on that. a flight alone for these kids turns from adventure to nightmare. they text their mother about an even join failure while they are on plane. that results in a threat that they could be band from ever flying again. or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: a failed engine on a

united flight from houston to boston prompts two young brothers to text their mom about the situation. turns out the united employees didn't like that. several workers including the pilot reprimand the boys saying they may never be able to fly again because of regulations. >> they were with their dad all sumner texas. they were flying home as unattended minors. minutes into the flight the pilot comes on the intercom. here is the voice, listen. >> the pilot said, you know, one of our engines is montgomery functioning. we d in malfunctionings. if one of the engines could go out what would happen to the others. >> we landed there and we didn't have any one * to pick us up there. >> reporter: the older brother

called out his cell phone and texted mother saying the plane was turning around. the mother said your dad is back on his way to the airport. then mom gets on the phone with united. >> they do not have any information for me. they tell me no the plane is fine. it's looks like it's en route to boston. and my son must be lying. they had zero communication with us. in fact we had to battle with them. >> reporter: without the text messages from the boys the mom said they got zero information to even sends the dad back to the airport. but before they get off the plane they are confronted by the flight attendant and the pilot for breaking the rules by using the cell known in flight. >> they grabbed us by the arm walking count jetway and they said you boys are in so much

trouble. >> he does's deserve that. he was in a vulnerable situation an needed to talk to his mom and that's all. >> reporter: we contacted united and they said rules are rules, you can't use your cell phone in flight. if an engine fails on my flight i'm using a cell phone. megyn: they may be band for life but they are also adorable. many fact checkers agree both the barack obama and romney campaigns have been less than honest. an eye opening look at what's fact and what is fiction. and whether telling the truth even matters anymore. >> does truth matter any more? do they care about telling us the truth? >> it does matter. i was in north carolina on assignment and people are fed up with what's happening in washington. both parties. they say give us the facts. give us the truth and stop shoveling the fertilizer.

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megyn: we've heard complaints in recent weeks that this election cycle has been one of the most negative in history. but does that matter? the fact fact checkers accused the president and governor romney of stretching the limits of the truth. neither campaign has done much to correct the claims.

we put together a focus group representative of voters from both parties and we put the question to them. panel, welcome. we have democrats and republicans out here and there is gris for the mill on both sides. president came out yesterday after two months not speaking to the white house press corps and was asked about some of the negativity. this has been in the news for some time and asked to take responsibility for some of it or not. in particular was asked about this charge made by his deputy campaign manager, stephanie cutter suggesting that mitt romney may be a felon. take a listen to what president obama said, followed by the comments from stephanie cutter, that campaign aide that led to the question. >> are you comfortable with the tone that is being set by your campaign? have you asked them to change their tone when it comes to define mr. romney. >> first of all i'm not sure all those characterizations you laid out there were accurate. for example, nobody accused mr. romney being a felon.

>> either mitt romney through his own words and his own signature was misrepresenting his position at bain to the sec, which is a felony, or he was misrepresenting his position at bain to the american people to avoid responsibility for some of the consequences of his investments. >> it's a fact. if you're signing federal documents knowing them to be false, it is a felony. anybody who worked in the federal government knows that. ashley:. megyn: so was president obama being perfectly truthful with us yesterday. that is the question we put to you. tony sayegh? >> absolutely not. not only crick contradiction from stephanie cutter, robert gibbs one of his major spokespersons mitt romney did something illegal having accounts overseas. harry reid mentioned from the senate floor. not paying your taxes is federal crime, is a felony. this is part of the consistent narrative from the white house. part of that whole idea to kill romney which was

reported as stratin "politico" last year. so the attention is not focused on the obama record. the problem for the president there is way too much evidence to prove to the contrary what he said yesterday, including on this whole bain attack ad from priorities usa which asserts mr. romney is now culpable in the death of a woman. megyn: we'll get to that in a minute. we'll get to that in a minute. i want to ask a democrat. brad, what do you make of that? >> first of all there is no problem, absolutely no problem pointing out the facts that he signed documents when he says he had no participation in the company in bain whatsoever. megyn: okay. but to the issue whether, as president obama said, nobody accused anybody of being a felon? >> okay. well, listen, there is going to be some missteps along the way but the big part of this, is the fact that we can't just say, you know, you can't say anything negative. you can't call out some of these things. there are plenty of other --. megyn: okay, fine. let me interject. here is the question. so there will be negative

activity. here's the question. then do you man up and say, what we said was that he is either a felon or a liar. and i will tell you, american people, i think it is b. i think he was dishonest with you when he said he wasn't running bain during those years, whatever. you stand behind the position that your deputy campaign manager put out there or not. can you get away with sleight of hand. let me ask you, ron berger. >> that is important thing. the game of innuendo. techally, didn't say he was a felon but that he a felony was committed. i could see someone, we didn't call him a felon. megyn: that works in a court of law but the court of public opinion? >> i don't think it, would. people are i can is and tired of this little of campaigning and throwing there are larger issues that this country faces we all know and the fact that the president of the united states and his competitors are dealing in this stuff is really a problem. megyn: you're a democrat. what do you make of that, what we just saw?

>> i certainly think it is interesting he said he may have committed a felony and then you have the president saying nobody called him a felon. obviously that is problem matic. problem line is a lot of questions could be answered if mitt romney would be transparent by releasing tax returns. >> now you're giving me talking points. that is not what we're doing in this segment. this segment is about whether truth matters. trust me we're about to get to the romney campaign as well. whether truth matters whether with the president owes us a duty to be honest. if he is going to make a charge, does he need to stand up? bill, you used to work for a president, republican. >> general point is, winston churchill says a lie gets halfway around the world before the truth gets a chance to put its pants on. political ads. they use words. people practice sound bites. the word felony is a deliberate choice. you can dress it up in ways where as you saw in court of law you wouldn't be convicted of liable but that is what it is meant to do. look the same effect i think

happened on the false charge that president obama is a muslim. if you ran ads saying president obama is not a muslim, you're in fact increasing the number of people that think he is because you use, what people remember is that word. and the president. and these are very deliberate choices. it happens a lot. it happens on different sides but, it is not a slip of the tongue. people are looking for words. they're looking for sound bites to leave impressions, not necessarily to persuade people of facts. megyn: governor romney, i will get to you in a second. skip ahead to the third sound bite, control room. governor romney is accused of misleading american people in ads in particular. there are two ads. we have one teed out. one out right now talking about whether president obama is stripping the work requirements out of the welfare program in this country put into place by president clinton. the other is attacking president obama on solyndra he inaccurately suggested that a inspector general found nonsense going on.

those claims were given four pinnochios by "the washington post" and pants on fire by poe lit fact. hear is the first ad. >> under president obama you wouldn't have to work and train a job. they send you are your welfare check. welfare to work goes back to being just plain welfare. do we have the second one, control? if so, watch it. >> more than $16 billion have gone to companies like solyndra linked to big obama and democrat donors. the inspector general said contracts were steered to friend and family. megyn: the fact checkers tell us those are not truthful. kevin? >> if they're not, then the romney campaign owes an explanation and apology to the public for doing that. and i'm not going to shade just because i'm probably going to support romney, i will knot shade my view of that. truth does count. the problem with this narrative and for the president in particular, you have got a history of

running the country which deception, innuendo, misleading ideas or fact the took precedent. for instance in the health care reform measure. we're going to put it on c-span. everybody will see it. they do it in private. megyn: but there is difference between making a promise and not following through and affirmatively misrepresenting. we been having debate on this show for a while. does truth matter. >> it sure does. >> it does matter. i was in north carolina on assignment of the people are fed up what is happening in washington both parties. give us the facts. give us the truth and stop shoveling this fertilizer. when the president said what we did we smell ad lot of fertilizer coming from 1600 pennsylvania avenue. people want both parties to stick to the facts. stick to the facts stop all the pettiness. megyn: who do you believe me or your lying eyes? video, bernard, it is all on

camera. stephanie cutter, you know does it undermined the president's credibility and mitt romney's credibility? one who is our leader, one who wants to be, not just being honest? >> the truth actually does matter. it is critical to the american political process and democracy. unfortunate truth for mitt romney, despite running for president for eight years the american public doesn't know he is. poe lit fact. rated one out of 10 statements romney made pants on fire lies. excuse me. they also i think the matter of truth is important. megyn: do you think president obama was not being straight with us on felony clip? >> actually, i don't. what stephanie cutter said, this was true or that was true. didn't call him a felon. megyn: should our president be splitting hairs with us like that, bernard? >> i think what we should pay attention to --. megyn: answer my question. should he be splitting hairs. >> i honestly think the president could have reinforced his point and

said, you know what? either mitt romney lied to you or lied to the american people. megyn: right. should he stand by, make the charge, in an ad like mitt romney did or as president obama did through his deputy campaign manager do you need to stand by it, steven? >> i don't think either of these campaigns will get accused of having a race to the top, particularly race to the top on rhetoric in these next three months. when you go back to accusations innuendo and what kind of narrative has been out there, republican party and mitt romney have been attacking the president even before he became esident but certainly since the moment he became president. called him failure. called him unpay triat i can. accused him of not being born in the united states. [all talking at once] >> the real problem, --. megyn: hold on. go ahead, tony. >> real problem from democrats i love to hear people say politfact because

it is nonpartisan, the whole mediscare campaign was biggest lie of 2011 and continuing it today. paul begala trying to convince mitt romney to release tax returns made mitt romney sound like a saint. i'm sure mitt romney has moral conduct and high caliber that is why he shouldn't have anything to hide in tax returns. all of sudden comes to something like tenure at bain capital, comes to someone potentially dying -- [all talking at once] >> if you don't have information you can't make informed judgement. i'm a voter. i want to know if he has done anything nefarious. that would be information in his tax returns. megyn: on that point i got to go. don't you think average voter at home not spending all the time politicos trying to find out whether this is true or that is true? they see the ad or stephanie cutter and romney stuff and they just belief? believe and then repeat? >> part of the design -- >> if you listen to what

what everybody says about obama, anti-obama voters, citizens of the united states don't like him, they make up all kind of stories again. he is muslim. he wasn't born in the united states. not advocating, these things called for by the republican party. >> the problem is american voter. we have a bigger problem. there is lot of sources information today. people are struggling for narrative. i don't think it is good to not tell the truth in political campaign. having worked in a white house, it is a sign the leader that will respond to that. this is not a nice world. people will say a lot less nice things about you. it reveals something about how people respond to that, whether they get their own message out and so forth and tells you what a leader is. it has been like this since some mass jefferson and john adams and abe lincoln. megyn: it is true. go back and look at the history. this is not a first negative campaign. got to run. interesting as always. we're taking your thoughts on all of that. follow me on twitter.

at megyn kelly, with a y. brand new evidence of a suspect apparently according to the cops able to commit suicide while handcuffed behind his back in the back of a police car. despite that police say he managed to shoot himself on the head on the right side even though he was left-handed. why the dash-cam video from the night in question may raise more questions than answers. it has just been released. "kelly's court" is next. >> my brother, he was playing a game. even though he never, he still like my brother. didn't ask nobody for anything. anything.

megyn: "kelly's court" is back in session of on the docket today, new evidence sparking new questions in the police car suicide case.

hours after the autopsy report ruled chavis carter's shooting death a suicide his supporters held a candlelight vigil raising new questions. the report said carter alleged to have shot himself sitting in the back of a police car with hand cuffs with his hand behind his back the autopsy report concluded he shot him sell in the right temple. his family and friends want to know how that is possible when he was left-handed and handcuffed behind his back at the time. the police put out this video which they say is reenactment showing how this could happen. look, a man of similar build to the decedent, taking gun while handcuff and placing it against his right temple. could he have done that despite the fact he is left-handed? that is it one of the questions in this case. now we learn there was dash-cam video from the night in question. here you're watching part of it. we'll play it for you.

that is raising some new questions about the officers story. and we are also hearing the lawyers for the dead man, calling for the police to release the details of any gunpowder residue. we don't yet have that. more questions than answers in this case still. joey jackson, former prosecutor now defense attorney. david we'll, a defense attorney. they join me now to make sense of it. so the cops put out this reenactment video which is extraordinary but shows you how a man of this build, 5'8", 150 pound despite handcuffed behind the back possibly if had a weapon hidden on him could nonetheless shoot himself. the family says, really in the right temple? even though he is left-handed. joey, what say you? >> i say it is problematic. it is so unfortunate it has to come to this. the police protect us every single day. for that we're very thankful. in this lar case, megyn,

there are many questions as you mentioned. first question i like to know if you pat somebody down and do it twice and discover small quantity marijuana how might you not discover that they have a semiautomatic weapon that happens to be .38 caliber? that is the first issue. the second thing the community is up in arms. the family is besides themselves here. why not release all the information to the public so the public can evaluate with the police department and everybody can get a sense of calm here. something happened. something is amiss. at the very least, although i don't want to jump to conclusions or rush to judgement we might infer negligence on the part of the police for not having searched him, discovered the weapon and for this death having occurred in the first instance. megyn: you say the police are negligent if he really killed himself because they failed to find the gun in the search? that was negligence by the cops? >> that is extraordinarily problematic to my, megyn. in the event you don't find a weapon. why? this could have resulted in harm to the police or death to the police. you have to find that weapon. they didn't.

megyn: david, my impression some of these folks are suggesting that it wasn't negligence by the cops from preventing him from kimming himself but they're questioning whether he really did kill himself. the lawyer wants to see gunpowder residue. >> i have those concerns. megyn: let david have a turn. >> megyn, there is this undercurrent of the seeming insinuation that the cops may have actually murdered this man. what they're saying happened they took him out, he was detained on a drug warrant. they took him out of the car. they frisked him lightly, placed him in the police cruiser without handcuffs on. they say at that point he had a gun on him he didn't detect. he placed it between the cushions in the back seat. they took him out. frisked him again and obviously didn't find anything. then put handcuffs on him. then placed him in the back of the car and that is when he accessed gun and committed suicide. make begin i can tell you from that distance, the right hand, left hand thing doesn't mean anything. they need to release the gun shot residue information test that will say whether there is residue on his

hand. megyn: that is simple. >> and whether he pulled the trigger. megyn: release video, just give us the gunpowder residue report? >> that would be great to do, we're jumping to conclusions on go things. maybe it isn't his gun. megyn: stand by for appointment number two when we continue this right after the break. 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

megyn: go ahead, joey. >> yes, megyn i think we're presuming two things. one we indeed had the gun or owned the gun or possessed gun prior to being put into the patrol car. the second thing we're presuming is he actually committed suicide. remember there are indications from the girlfriend he called her, said, i'm okay. i'll call you from the station house. i look forward to seeing you. so his actions towards her seem to be inconsistent with someone who is suicidal. megyn: the other thing we

learned, david, the state crime lab said i was under methaphetamine and drugs found in his system and drugs can make people do crazy things. >> methaphetamine and marijuana. which have to have the middle part of the video that has not been released. it will presumely show i am inside the car. if he committed suicide you would see a muzzle flash from the gun because it is at night. that is critical. that must exist. the arrest, before and after the dash-cam video needs to be released. that will presumably exonerate the officers. so far they have not released it. megyn: let me show you what they have released. you guys tell me why. watch this. megyn: david, that is really not that helpful. >> no. i mean, megyn, look was

clearly at an minimum sloppy police work. but i've got to say something. this is why an officer would never probably try murdering a suspect in the car because the dash-cam videos capture everything. hard to imagine they would pull off something like that or try to under these circumstances. >> that is obvious question. naacp wants an investigation. what is the reason cops decide to shoot some guy to death in the back of a patrol car? >> i would hate any way to be possible. megyn: what are they suggesting then? >> what they want to do, they want answers. david suggested that the dash-cam would show everything. if it did show everything it would answer everyone's question. it seems to be a little problematic and troubling i think we all can agree, someone in your care, custody and control ends up dead. what happened? that is the critical answer. megyn: that is what we have questions about which they are. guys, thank you so much. we'll be right back. don't go away. okay, team! after age 40, we can start losing muscle --

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